Ex-Kerala top cop held guilty of murder in encounter case

Forty years after the encounter killing of Naxal leader A Varghese in Kerala's Waynad forests, a court on Wednesday held he was brutally killed and convicted former IGP K Lakshamana of murder but acquitted another top retired police official.

Former IGP K Lakshmana, convicted in killing of Naxal leader A Varghese on February 18, 1970, leaves the special CBI court in Kochi on Wednesday. The court will pronounce the quantum of sentence on Thursday. PTI

The theory of death of Varghese (43) in police encounter was an advance defence moulded as a pretext to commit the crime, said CBI special court judge S Vijay Kumar, as 74-year-old Lakshamana and 83-year-old wheelchair-bound ex- DGP P Vijayan heard the verdict with their family members.

"... no more evidence is needed, it is proved beyond any shadow of reasonable doubt that Varghese who was caught alive was brutally killed by the first accused (late CRPF constable Ramachandran Nair) who was a stooge of Lakshamana who on his order brought about his plan," he said.

The quantum of sentence will be pronounced tomorrow.

Vijayan, who was given the benefit of doubt, said he was happy with the verdict while Lakshamana was taken to the Ernakulam sub-jail. Vijayan was SP when the incident occurred.

The case was resurrected a few years ago after Nair confessed in 1998 that he had shot Varghese at the behest of his superiors Vijayan and Lakshamana. Nair, who had said he made the confession to clear his conscience, died in 2006.

Lakshamana was also an accused in the infamous Rajan murder case, relating to the death of the Calicut Regional engineering college student who disappeared after being taken into custody by police for suspected links with Naxalites on March 1, 1976 during the Emergency.

Lakshamana was, however, later acquitted in the case.

After the lifting of Emergency, Rajan's father T V Eachara Warrier fought a long legal battle and investigation following his habeas corpus petition in the Kerala High Court found that Rajan had perhaps died in police custody.

Varghese was gunned downed by police in what they had then called as encounter in the Thiruvenlli forests on February 18, 1970. Judge Vijay Kumar said Nair had committed the murder on the command of Lakshmana, the second accused, who was then DySP.

He convicted Lakshmana of the offence under under IPC section 302 (murder) read with section 34 (criminal act done by several persons with common intention).

The judge said the statement of witnesses has established Lakshamana's presence on the spot of crime and his giving threatening instructions to Nair to kill Varghese.

"Truth by its very nature does not yield to be kept hidden for ever. Truth which has been hither to hidden as covered by the glitter of golden plate, has by now, though belatedly, been discovered. Truth triumphs; Truth alone," the judge observed.

With PTI inputs

Do You Like This Story? Awesome! Now share the story Too bad. Tell us what you didn't like in the comments